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HomeMy WebLinkAbout09-1376 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 199426 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. HUNG KIM LE CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 49- /374 cw, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199426 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 199426 1. Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: HUNG KIM LE CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/05/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GOLETA NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1765, Page 3445. By Assignment of Mortgage recorded 03/31/2003 the mortgage was assigned to JPMORGAN CHASE BANK AS TRUSTEE, C/O RESIDENTIAL FUNDING CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 695, Page 4268. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 199426 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $128,806.58 Interest $4,242.69 10/01/2008 through 03/02/2009 (Per Diem $27.73) Attorney's Fees $1,300.00 Cumulative Late Charges $257.70 07/05/2002 to 03/02/2009 Property Inspections $11.25 Cost of Suit and Title Search 750.00 Subtotal $135,368.22 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $135,368.22 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 199426 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $135,368.22, together with interest from 03/02/2009 at the rate of $27.73 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP e?e-- f ' By: Lawrence T. Phelan, Esquire ancis S. Hallinan, Esquire to ,/ Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 199426 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Michael C. D'Angelo, Registered Surveyor, dated April 17, 1974, as follows, to wit: BEGINNING at a pipe on the East side of Hillcrest Drive (50 feet wide) said pipe being 100.0 feet North of the Northeast corner of West Hunter Road and Hillcrest Drive; thence extending from said pipe along the East side of Hillcrest Drive, North 14 degrees 36 minutes East 85.14 feet'to a point; thence along the same in a Northerly direction on a curve to the right, having a radius of 275.0 feet, for the arc distance of 23.73 feet to a stake at corner of Lot No. 9 on hereinafter mentioned plan; thence along the same North 85 degrees 16 minutes East 158.97 feet to a stake in line of lands now or formerly of D D & M Corporation; thence along the same, South 4 degrees 44 minutes East 41.33 feet to a pin; thence along the same South 14 degrees 36 minutes East 47.21 feet to a stake at corner of Lot No. 7 on hereinafter mentioned plan; thence along the same South 77 degrees 48 minutes East 150.13 feet to a pipe on the East side of Hillcrest Drive, the point and Place of BEGINNING. BEING Lot No. 8, Section'G' on Plan of Forge Road Acres, recorded in Plan Book 22, Page 80. HAVING thereon erected a one story brick dwelling, known and numbered as 451 Hillcrest Drive, Carlisle, Pennsylvania. File #: 199426 BEING the same premises which William I. Evans and Gisela H. Evans, his wife, by deed dated May 2, 1974, and recorded May 3, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 'P', Volume 25, Page 221, granted and conveyed to Harry D. Henriksen, the Grantor herein. PROPERTY BEING; 451 HILLCREST DRIVE PARCEL# 40-24-0758-023 File #: 199426 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. IDATE: r Attorney for Plaintiff File #: 199426 C? rv a'r€ tT 3F N r °9 P ?J Sheriffs Office of Cumberland County R Thomas Kline ??ta e3 +aptbP, Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF= of TIJE W RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/17/2009 06:25 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 17, 2009 at 1825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cuc Bach Thi Le, by making known unto Cuc Bach Thi Le personally, at 451 Hilicrest Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/17/2009 06:25 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 17, 2009 at 1825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hung Kim Le, by making known unto Hung Kim Le personally, at 451 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $48.50 (PAID) SO AXevm'bdle Ma rch 18, 2009 2009-1376 The Bank of New York Mellon Trust Co. VS Cuc Bach Thi Le R THOMAS KLINE, SHERIFF BDeputy Sheriff ' , ? f tl C n 1. O PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff VS. HUNG KIM LE CUC BACH THI LE Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1376-CIVIL : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: 'A?? f%?J Francis S. Hallinan, Esquire Date: 04-02-09 PHS #: 199426 Ilk. A VERIFICATION Jeffrey Stephan I ( limited Signing Officer hereby states that he/she is of HOMECOMINGS FINANCIAL, LLC, servicing agent for Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ? _ L J " ? I t -Wey Stephan IAmited Signing ()Meer Company: HOMECOMINGS FINANCIAL, LLC Loan:7434325064 File #: 199426 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff VS. HUNG KIM LE CUC BACH THI LE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-1376-CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: HUNG KIM LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 Date: 04-02-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Ir :^1'rr iflr:!? 2009 APR -5 PH 3: 40 "JI J. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Vs. HUNG KIM LE CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1376-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HUNG KIM LE, and CUC BACH THI LE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $135,368.22 Interest - 03/03/2009 to 04/20/2009 $1,358.77 TOTAL $136,726.99 Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 199426 PRO PROTHY I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Awl?el '• (?? . G? w Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 VS. HUNG KIM LE CUC BACH THI LE Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1376-CIVIL VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HUNG KIM LE is over 18 years of age and resides at 451 HILLCREST DRIVE, CARLISLE, PA 17015-4331. (c) that defendant CUC BACH THI LE is over 18 years of age and resides at 451 HILLCREST DRIVE, CARLISLE, PA 17015-4331. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1376-CIVIL VS. HUNG KIM LE CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 Notice is given that a Judgment in the above captioned matter has been entered against you on J, 191? /11 By: . If you have any questions concerning this matter please contact: Al?e'-welll ?' Z Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff V. HUNG KIM LE CUC BACH THI LE Defendant(s) TO: HUNG KIM LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 DATE OF NOTICE: April 7, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1376-CIVIL CUMBERLAND COUNTY Azle Cosby THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CAROLINE V. QUINO Legal Assistant PHS # 199426 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1376-CIVIL CUMBERLAND COUNTY V. HUNG KIM LE CUC BACH THI LE Defendant(s) TO: CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 co Apy DATE OF NOTICE: April 7, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CAROLINE V. C Q O Legal Assistant PHS # 199426 2009 APR 22 i ? ?yyyV :r+ a 5'LK Av?G G ?t 21VQ9 oQ4-jGGS M THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE No. 09-1376-CIVIL BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff, . V. HUNG KIM LE CUC BACH THI LE Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $136,726.99 Interest from 4/21/2009-9/2/2009 $3,076.65 and Costs (per diem -$22.79) TOTAL $139,803.64 DANIEL G. SZ,`HMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 199426 Q Q r s Q- 7 4 0 Qa40?O -°? a ooh c'6 (t? ? ? ? CG _ aI I"?7 cv „ems- lL: s C'' N C.3 0 vOi z wr„?a• ? a? '"'azO??j V^ zz ?o z x w ?? ? OW H? ?w wa w o ? w? a jai ?zAaOH ?' w O 3 w ? U ? ?Tm w? ? Off' o G7d ? ac `? A ooz oo OHO U w via a C7 40. OV,.??E Wz `.? W pgaU?V V Ito E., ? rn QC1 p,, w A d V ? 421 M M M M ? O 'd d as ww as UU AA UU d a a PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff, V. HUNG KIM LE CUC BACH THI LE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1376-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. S EG, ESQUIRE Attorney for Plaintiff ZC091v AY 1 A?- I I s l:, 't ... THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff, V. HUNG KIM LE CUC BACH THI LE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1376-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,451 HILLCREST DRIVE, CARLISLE, PA 17015-4331. 1. Name and address of Owner(s) or reputed Owner(s): Name HUNG KIM LE CUC BACH THI LE Address (if address cannot be reasonably ascertained, please indicate) 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None f 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union Pennsylvania Housing Finance Agency 5000 Louise Drive Mechanicsburg, PA 17055 211 North Front Street PO Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true orrect to the best of my personal knowledge or information and belief. I understand that a statemen herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn alsification to auoorities. May 18, 2009 DATE DANIEL G. SCH Attorney for Plaintiff ." +- Y?r t AP, N - f 2 LL' 9 HfiY 21 Aa`1 I I • ?, Li THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 Plaintiff, V. HUNG KIM LE CUC BACH THI LE Defendant(s). CUMBERLAND COUNTY No. 09-1376-CIVIL May 19, 2009 TO: HUNG KIM LE 451 HI LLCREST DRIVE CARLISLE, PA 17015-4331 CUC BACH THI LE 451 HILLCREST DRIVE CARLISLE, PA 17015-4331 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 451 HILLCREST DRIVE , CARLISLE, PA 17015-4331, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $136,726.99 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN_ CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2i 15) 563- 7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Michael C. D'Angelo, Registered Surveyor, dated April 17, 1974, as follows, to wit: BEGINNING at a pipe on the East side of Hillcrest Drive (50 feet wide) said pipe being 100.0 feet North of the Northeast corner of West Hunter Road and Hillcrest Drive; thence extending from said pipe along the East side of Hillcrest Drive, North 14 degrees 36 minutes East 85.14 feet to a point; thence along the same in a Northerly direction on a curve to the right, having a radius of 275.0 feet, for the arc distance of 23.73 feet to a stake at corner of Lot No. 9 on hereinafter mentioned plan; thence along the same North 85 degrees 16 minutes East 158.97 feet to a stake in line of lands now or formerly of D D & M Corporation; thence along the same, South 4 degrees 44 minutes East 41.33 feet to a pin; thence along the same South 14 degrees 36 minutes East 47.21 feet to a stake at corner of Lot No. 7 on hereinafter mentioned plan; thence along the same South 77 degrees 48 minutes East 150.13 feet to a pipe on the East side of Hillcrest Drive, the point and Place of BEGINNING. BEING Lot No. 8, Section 'G' on Plan of Forge Road Acres, recorded in Plan Book 22, Page 80. HAVING thereon erected a one story brick dwelling, known and numbered as 451 Hillcrest Drive, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Hung Kim Le and Cue Bach Thi Le, h/w, as tenants by the entirety, by Deed from Harry D. Henriksen and Jean F. Henriksen, h/w, dated 07/31/1998, recorded 08/04/1998 in Book 182, Page 899 PREMISES BEING: 451 HILLCREST DRIVE, CARLISLE, PA 170154331 Parcel No. 40-24-0758-023 Control # 40003754 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1376-CIVIL THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 VS. HUNG KIM LE and CUC BACH THI LE owners of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 451 HILLCREST DRIVE, CARLISLE, PA 17015-4331 Parcel No. 40-24-0758-023 Control # 40003754 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1376 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSICIATION f/k/a THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JPMORGAN CHASE BANK, N.A., as Trustee for RAMP 2002RZ3, Plaintiff (s) From HUNG KIM LE and CUC BACH THI LE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $136,726.99 L.L. $.50 Interest from 4/21/09 - 9/02/09 (per diem - $22.79) -- $3,076.65 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $167.50 Other Costs Plaintiff Paid Date: 5/21/09 Curtis R. Long, IdA (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy ,AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2002RZ3 DEFENDANT(S) HUNG KIM LE CUC BACH THI LE SERVE CUC BACH THI LE AT: 451 HI LLCREST DRIVE CARLISLE, PA 17015-4331 SERVED CUMBERLAND COUNTY No. 09-1376-CIVIL phs. #199426 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 I i III Served and made known to CUC BAC14 7-+t 1 L-E Defendant, on the ?4N P day of T-tt VFz , 2001, at (b' 5S5 , o'clock f .m., at 451 J? f LL CAC ST JDA i J E , C)4,2..1. j S1AC_ Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descrip?tion: Age?s Height 5'0' Weight 130 Race A Sex ? Other I, I<dM4_t,P MID L I_ , a competent adult, being duly sworn according to law, depose and state th t I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued?in the captioned case on the date and at the address indicated aboveURSE Sworn to and subscribed KIMBERLbefore me this ')NO day NOTARY of TuuE , _200A. STATE OF N No . My Commis ExPL TTEM SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND be ause: Moved Unknown No Answer Vacant 1" Attempt: Time: 2nd Attempt: Time} 3rd Attempt: Time: i Sworn to and subscribed Attorney for Plaintiff before me this . day DANIEL G. SCHMIEG, Esquire - I.D. No. 6205 of 1200-. One Penn Center at Suburban Station, Suite 1 00 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 f?? FILED-OTICE OF THE P'R OT.'.-)A,IMARY 2009 JU14 16 AN 9= 59 CUME? ? .J-U JTY AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL No. 09-1376-CIVIL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS Aphs. #199426 SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP Type of Action 2002RZ3 - Notice of Sheriff's Sale DEFENDANT(S) HUNG KIM LE Sale Date: SEPTEMBER 2, 2009 CUC BACH THI LE SERVE HUNG KIM LE AT: 451 RH I CREST DRIVE CARLISLE, PA 17015-4331 r' SERVED Served and made known to 4 (4 A)G few LC- Defendant, on the 2 ND day of T?LQIIIE 200Q, at 6:g . o'clock g.m., at !15I I ILV-P&ST ?RI yE? C L (Sf.? , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. , Adult family member with whom Defendant(s) reside(s). Name and Relationship is oue &kH Tr?r ?EI ?(/?E Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ACS Height 5'0 Weight Race Sex F Other I, RMV4-C-4 MO C, L- a competent adult, being duly sworn according to law, depose and state t I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned c e on the date and at the address indicated above._ Sworn to and subscribed KIMBERLY CU RTY before me this _ 240 y NOTARY PU of this 200 STATE OF NEW SE No My commissiog xpires 1 PLE TE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. I NOT SERVED On the day of 200_, at o'clock -.m., Defendant NOT FOUND bec?use: Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time:' 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200- One Penn Center at Suburban Station Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z( ( )-oz FI ED-40ffil"'E OF THE P ,-)Tt.,nN `'Ar?Y 2009 JUN 16 A;4 9.59 CLTIifS?' J?.111! 1' t l''ai•''J 'f`?L". !?,,